[Boutique] Transportation Agreement
Part 1: Transportation Agreement
Client: Trading company
Carrier: Logistics Co., Ltd.
In view of the fact that Party A and Party B are legally established and legally existed, the two parties shall, in accordance with the provisions of the Relevant Laws and Regulations of the People's Republic of China on the basis of fair, equal, equal, paid and good faith, sign the contract for Party A to entrust Party B to carry goods. The contract, in order to share the responsibility:
Article 1: Transportation costs
1. 1 Party A and Party B establish a strategic business partnership, and Party B gives Party A the best price.
1, 2 The transportation fee shall be subject to the quotation of Party B confirmed by the signatures of both parties, which shall be an integral part of this contract.
1, 3 If Party B needs to change the price, Party A must be notified in writing one month in advance. After Party A's written confirmation, it can be executed. Otherwise, Party A and Party B will settle the price before the change.
Article 2: Party A’s responsibility
2, 1 The transportation time from the date of the year to the year and month, Party A forecasts the transportation plan for the current month, the number of containers is set according to the quantity provided by Party A, so that Party B can allocate vehicles in advance to ensure the capacity.
2, 2 Before Party A needs to call the vehicle, it should fax the written “Consignment Note” to Party B one to two days in advance and indicate the location and time of loading, the name of the cargo, the type of box, the weight and the place of unloading, contact person and telephone number. Date, etc. Responsible for the authenticity of the shipping information provided.
2, 3 For special reasons, it is necessary to temporarily increase the amount of the towed cabinet, and notify Party B 24 hours in advance. After the two parties have agreed to agree, Party B will arrange the towing cabinet to load the goods.
2, 4 The normal loading time of the factory is 24 hours a day.
Party A shall settle all expenses with Party B in time and in accordance with the agreement.
Article 3: Party B’s responsibility
3, 1 The vehicles provided by Party B must be of good technical performance, complete, legal, and valid, and purchase of insurance, commercial insurance, and logistics liability insurance. Before the goods are shipped, Party B shall provide Party A with photocopies of the basic information of the carrier and the driver.
3, 2 Party B shall arrange the container to the factory for loading on time according to Party A's “Consignment Form”. If it is unable to arrive at the factory on time due to special reasons, Party B shall notify Party A in writing 6 hours in advance and may delay it after Party A's consent. Otherwise, the expenses incurred shall be borne by Party B.
3, 3 In the event of an accidental traffic accident during the transportation of the goods, whether or not the goods are damaged, Party B shall promptly notify Party A at the same time as the emergency plan for the traffic accident, and notify the accident at any time.
3, 4 This Agreement is a trade secret of Party A, and Party B shall not disclose it to any third party. Otherwise, Party B shall be responsible for the consequences arising therefrom.
3, 5 Party B shall be responsible for the damage and loss of Party A's goods during the transportation process, and Party B shall be responsible for the economic losses.
Article 4: Fees and settlement methods:
4, 1 Party B vehicles normally arrive at the designated factory or warehouse of Party A according to the planning time. If the factory cannot load the goods immediately, the night pressure incurred will be RMB/day, which shall be paid by Party A.
4, 2 The transportation fee shall be settled by monthly settlement. Party B shall send the monthly statement of the previous month to Party A before the 5th of the next month. Party A shall return the confirmation to Party B after the 10-day core is completed. After correct, submit it to Party A's Finance Department and pay the fee to Party B within 10 working days as follows.
4, 3 Party B agrees to collect money in the following ways:
Party A will pay the amount to Party B as follows:
Account Name: Logistics Co., Ltd.
Bank: CCB Branch
account number:
If the above information is changed, Party B shall notify in writing.
Article 5: Termination of the contract
5, 1 If the contract cannot be performed due to force majeure, the contract will be automatically terminated, and both parties will bear their own losses and will not be held accountable.
5, 2 Party B delays to the cabinet 10 times within one month, and delays to the cabinet 60 times within six months. Party A has the right to terminate this contract and hold Party B's liability for breach of contract.
5, 3 In addition to the above, if either party A or B terminates the contract, it must inform the other party in writing form two months in advance.
Article 6: Liability for breach of contract
6. Party B shall arrange for the cabinet to be delivered to the cabinet according to Party A's loading schedule, and delay the delivery to the cabinet without the consent of Party A. Party A will pay liquidated damages to Party A for 10% of the transportation cost of the cabinet.
6, 2 If either party A violates the integrity of business or has a bribe, the observant party has the right to no longer pay all the unpaid but unpaid amount to the defaulting party.
Article 7: Other
7.1 Any dispute arising from the execution of this contract or in connection with this contract shall be settled through friendly negotiation between the two parties. If the negotiation fails, the case shall be submitted to the people's court for judicial action.
7, 2 This contract is effective from the date of signing and is valid until December 31, XX. Two months before the expiration of the contract, the two parties may negotiate to renew the contract and agree to sign a renewal contract. This contract is in quadruplicate, and each of the two parties has the same legal effect.
Party A Signature: Company B Signature: Freight Co., Ltd.
Authorized representative: Authorized representative:
Date of signing: May 28, XX Signing date: May 28, XX
PART 2: Transport Agreement
In order to ensure that Party A's ____________ products can be transported by rail to all parts of the country safely, quickly and accurately. In the spirit of sincere cooperation and mutual benefit, Party A and Party B agreed to entrust Party B to handle the railway transportation business and sign this contract:
1. Party A's responsibilities and obligations
1. Party A is responsible for notifying Party B of the railway transportation plan by means of the Internet, including: product variety, quantity, volume, weight, delivery time, arrival time requirement, and the address of the consignee, telephone and other related materials;
2. Party A is responsible for loading and unloading of the delivery location and delivery location;
3. Party A provides relevant supporting documents required for the transportation of goods, such as “Product Delivery Note” and “Goods Transfer List”;
4. Party A shall assign a special person to be responsible for the coordination of relevant business, so as to facilitate contact and communication with Party B and solve daily business problems.
2. Party B's responsibilities and obligations
1. Party B must pick up the goods at the designated delivery warehouse according to the instructions of Party A, and deliver the goods to the designated receiving address and the receiving unit in time;
2. Party B shall meet the plan for the vehicle proposed by Party A and deliver the goods to the destination on time according to Party A's time requirements;
3. After Party B delivers the goods to the destination, the “Product Delivery Note” must be delivered to the shipper for signing;
4. If the railway is stopped or restricted due to policy reasons, Party B must promptly notify Party A and provide the certification materials of the railway department;
5. After Party A's goods are delivered to Party B for inspection and receipt in the delivery warehouse, Party B shall be responsible for the safety risk of the goods until the end of delivery of the goods;
6. Party B shall entrust one or two business representatives in writing to coordinate the coordination of Party A's business, ensure daily contact and communication, and solve problems in a timely manner.
Third, the specific mode of operation
1. Party A shall notify Party B of the railway transportation plan by means of the Internet before the shipment of the goods;
2. After receiving the instructions, Party B shall arrange for the vehicle to pick up and transfer the goods to the warehouse designated by Party A according to the instructions, and arrange and handle all relevant procedures such as the delivery of the wagon;
3. Party B shall go through the “Product Delivery Note” to the receiving place designated by Party A for the formalities of signing the goods;
4. Party B will arrange the “Product Delivery Note” after signing to Party A for the settlement of the freight.
Fourth, the handling and insurance of railway freight accidents
1. Party B shall be responsible for the transportation insurance of Party A's goods, and Party B shall be responsible for the specific matters of insurance claims; all losses shall be borne by Party B during transportation and compensated according to Party Ex-factory price;
2. The railway transportation insurance premium shall be borne by Party B itself;
3. When the freight is settled, Party B must compensate for all losses in transit, such as shortages, damages, etc., in accordance with the ex-factory price of Party A;
4. For losses caused by major accidents, Party B must pay in cash within ______ weeks after the loss.
V. Fees and settlement methods
1. Party B shall report the settlement freight to Party A according to the contracted railway transportation price list according to the “Product Delivery Note” signed by the receiving party;
2. Party B shall send an official invoice to Party A according to the cost verified by Party A, and Party A shall pay the freight to Party B in time according to the invoice and the original inspection record;
3. Party A shall pay the fee to Party B by cheque;
4. Within the time limit specified in the contract, Party A has the right to adjust the freight rate.
6. Collection of breach of contract security and liability for breach of contract
1. Within _________ days after the signing of the contract, Party B must pay Party A a _________ yuan deposit;
2. During the validity period of the contract, if Party B unilaterally proposes to terminate the contract, Party A will not refund the deposit;
3. Both parties shall adopt the Measures for the Assessment of Transportation Management as an auxiliary file of this Agreement.
Seven, the contract period
1. This contract is from ___________ years _______ months _____ days to _________ years _____ months _____ days;
2. This contract is a _____ share, and each party holds a _____ share;
3. If there is any unfinished matter in the contract, it shall be settled through negotiation between the two parties, and the negotiation will not be completed, and the people's court of ________________ shall decide.
person A person B:__________________
Representative: __________________ Representative: __________________
Date: __________________ Date: __________________
Part 3: Transport Agreement
Contract number: _________
Principal: _________
Trustee:_________
In accordance with the relevant provisions of the "Contract Law of the People's Republic of China", both parties have reached the following agreement through friendly consultations on the principle of mutual benefit and mutual cooperation and support, and on the matters entrusted by Party A to the freight forwarding agency.
Article 1 Party A's responsibilities and obligations
1. Party A shall inform Party B of the arrival of the goods and provide relevant files at least _________ before the arrival of the goods. The relevant files include: ocean bill of lading, air waybill, cargo information, customs declaration and inspection and inspection files, etc., so that Party B can arrange exchange and Review the relevant files in advance.
2. The imported goods entrusted by Party A to Party B shall be truthfully declared in accordance with the relevant provisions of the Customs, Commodity Inspection and Quarantine of the People's Republic of China and relevant departments on the import of goods by the State.
3. Party A is responsible for providing all or part of the following documents and files according to the requirements of Party B: the power of attorney, the power of attorney; the manual; the original bill of lading, invoice, packing list, contract; the import permit required for customs declaration is dangerous goods, Relevant files should be provided; other documents and files related to import and export shipments.
4. Party A shall bear the risks, liabilities and expenses incurred by Party A due to the delay of the declaration time of the goods caused by Party A or the following reasons, and Party B shall not bear the risks, liabilities and expenses incurred by Party A:
The bill of lading cannot be exchanged normally in the company due to the buyer and seller;
As Party A failed to provide all the information required for import declaration in a timely manner;
Delay caused by the inaccurate customs declaration information provided by Party A;
In the process of customs clearance, due to the requirements of relevant departments such as customs, it is necessary to supplement or revise the relevant documents and related explanation materials, and Party A failed to provide them in time;
Encountered legal holidays or the relevant departments can not work properly;
Goods that must be delivered to Hong Kong due to port requirements and regulations;
Other Party A and irresistible reasons.
5. Party A shall bear the costs and liabilities for demurrage, pollution, and repair of the box due to non-Party B. Party B shall assist Party A to resolve the dispute as far as possible.
Article 2 Party B's responsibilities and obligations
1. Party B shall promptly and reasonably arrange the exchange, declaration, transportation and other matters of the imported goods entrusted by Party A.
2. Party B shall promptly notify Party A of the progress of customs declaration and the estimated delivery time so that Party A can arrange the loading and unloading of the warehouse reasonably.
3. Party B shall actively assist Party A to resolve various problems and situations that arise during the customs declaration process, including the provision, interpretation and explanation of the files.
4. Party B shall complete the customs clearance work as soon as possible and deliver the goods to the designated place according to Party A's instructions.
Article 3 Fee Settlement
1. In accordance with the relevant provisions of the Customs, Party A shall pay the customs import duties and value-added tax to the Customs. In special circumstances, Party B may entrust Party B to pay, but Party B shall not advance the payment.
2. Party A shall deliver the shipping fee by itself. In special circumstances, Party B may entrust Party B to pay, but Party B shall not advance the payment. If Party A is unable to provide import and export goods documents or the relevant fees for the payment of import duties and VAT limit checks, such as demurrage, demurrage, port fees, late fees, transfer fees, etc. After Party A bears.
3. If Party B is unable to receive the fees payable by Party A for various reasons, Party B shall have the right to temporarily deduct the risks, liabilities and expenses caused by Party A's entrusted Party B's goods or Party A's business files. Party B shall not bear.
4. Party A shall not bear the special expenses and liabilities arising from non-Party reasons.
5. Attached to the "quotation of import goods transportation costs".
Article 4 Settlement Method
Party B shall send the list of accounts for this month to Party A before the _________ day of each month. After receiving the list of accounts, Party A shall notify Party B to open the official invoice and pay within _________ days after the invoice is issued.
Article 5 Cargo damage
If Party A fails to handle the declared value of the goods, the goods shall be damaged due to the reasons of the carrier or Party B, and the actual losses shall be compensated according to the actual loss of the goods, but the maximum amount of compensation shall be RMB _________ yuan per kilogram of gross weight of the damaged goods/International _________ USD Calculation.
Article 6 inspection
During the transportation process, the number, weight and volume of the goods recorded by Party A on the consignment note are slightly different from the actual consignment. The exact number, weight and volume of the goods shall be subject to the inspection of Party B when Party B receives the goods. If Party A has any protest against Party B's inspection results, it may apply to Party B for joint inspection in writing. If the result of the joint inspection is significantly different from the inspection result of Party B, the inspection fee shall be borne by Party B, otherwise the inspection fee shall be borne by Party A. If the exact number, weight and volume of the goods are significantly different from those recorded by Party A on the air consignment note, Party B has the right to choose the transportation agent that refuses to accept the goods of the ticket, and Party A shall be responsible for the loss caused by Party B. Compensation.
Article 7 Guarantee
In order to smoothly implement this Agreement and settle accounts on time, Party B shall provide a security deposit such as a security deposit or equivalent real estate mortgage in RMB _________ yuan or _________ yuan per shipping order, which Party A considers satisfactory.
Article 8 Transfer
Party B's rights and other duties as stipulated in this Agreement shall not be transferred or authorized to any third party in whole or in part without Party A's written consent.
Article 9 Liability for breach of contract
1. If Party B fails to pay Party A in accordance with this Agreement, or if the payment is incomplete, Party B shall pay Party A a daily ____________ liquidated damages from the date of payment _________.
2. If Party B fails to perform all the expenses of a certain month or the expenses owed exceeds the total amount payable due to _________ days, Party A may cancel the agreement and demand liquidated damages according to the above paragraph.
3. If Party A and Party B violate the provisions of this Agreement and cause losses to the other party, they shall compensate the other party for the actual loss at the time of default.
Article 10
Party B shall pay Party A’s liquidated damages or other payments as stipulated by law or this Agreement. Party A’s claim that Party A can The amount under the agreement or other Party A shall be deducted directly from the amount of Party B until the offset is completed. The insufficient part of Party B will of course agree to make up. Party A's failure to deduct from the amount due to Party B shall not be deemed as a waiver of Party A's claim for the liquidated damages or payments.
Article 11
1. If Party A fails to fulfill its obligations as stipulated in the contract in a timely, comprehensive and correct manner, Party B will promptly notify Party A to perform the correct performance. Party A will not be able to rectify the contract within _________ days after Party B’s reminder, and Party B will have the right to terminate the contract. However, if the right to terminate the contract is not claimed by Party A within _________ days, then the right shall be extinguished.
2. If one of the parties fails to settle the debt due or enters the bankruptcy proceedings for other reasons, the other party obtains the right to terminate the contract after notifying the other party in writing. If Party A enters a difficult business situation and makes fulfilling the contract an impossible or a heavy burden, Party B shall permit Party A to have the right to terminate the contract.
3. For the purpose of reciprocity, if Party B fails to fulfill its obligations as stipulated in the contract in a timely, comprehensive and correct manner, Party A shall promptly notify Party B to perform the correct performance, and Party B shall not be able to rectify it within _________ days after Party A’s reminder, Party A Will have the right to cancel the contract.
4. The relevant documents and files provided by Party A to Party B after the cancellation of the contract shall be returned to Party A in a timely manner, and may not be retained or copied without the consent of Party A.
5. In spite of the above-mentioned agreement, if Party B still has Party A's business in progress after the contract is terminated, Party B shall properly complete the transaction, and the expenses incurred by Party A will of course pay Party B the relevant fees according to the fees of this Agreement. cost. If Party B suffers losses due to Party B's breach of this paragraph, Party B shall be responsible for compensation.
Article 12 Declaration and Warranty
Party A:
1. Party A is a legally established and legally existing enterprise with the right to sign and be able to perform this contract.
2. All procedures required for Party A to sign and perform this contract have been completed and are legal and valid.
3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to cause Party A to have a material adverse effect on the performance of this contract.
4. The internal authorization procedures required by Party A to sign this contract have been completed, and the signatory of this contract is the legal representative or authorized representative of Party A. After the contract comes into effect, it will be legally binding on both parties to the contract.
Party B:
1. Party B is a legally established and legally existing enterprise with the right to sign and be able to perform this contract.
2. All procedures required for Party B to sign and perform this contract have been completed and are legal and valid.
3. At the time of signing this contract, no court, arbitral institution, administrative organ or regulatory body has made any judgment, ruling, ruling or specific administrative act that is sufficient to cause Party B to have a material adverse effect on the performance of this contract.
4. The internal authorization procedures required by Party B for the purpose of signing this contract have been completed. The signatory of this contract is the legal representative or authorized representative of Party B. After the contract comes into effect, it will be legally binding on both parties to the contract.
Article 13 Confidentiality
Both parties undertake to keep confidential the trade secrets obtained from the other party and not available from public sources. A party may not disclose all or part of the trade secret to any third party without the consent of the original provider of the trade secret. Except as otherwise provided by laws and regulations or otherwise agreed by both parties. The period of confidentiality is _________ years.
If a party violates the above-mentioned confidentiality obligations, it shall bear the corresponding liability for breach of contract and compensate for the losses caused thereby.
Article 14 Force Majeure
The term "force majeure" as used in this contract refers to objective events that cannot be foreseen, cannot be overcome, and cannot be avoided and have a significant impact on one party, including but not limited to natural disasters such as floods, earthquakes, fires and storms, and social events such as war, turmoil, government. Behavior, etc.
In the event that the contract cannot be performed due to the occurrence of a force majeure event, the party facing the force majeure shall immediately inform the other party in writing of the accident, and shall provide the details of the accident and the written information that the contract cannot be performed or needs to be extended within _________ days. After the two parties have approved, they will terminate the contract or temporarily delay the performance of the contract.
Article 15 Notice
1. All notices required to be issued under this contract, as well as the file exchanges between the parties and the notices and requirements related to this contract, must be in writing and can be passed by _________. If the above methods cannot be delivered, the method of delivery of the announcement may be adopted.
2. The mailing address of each party is as follows: _________.
3. A party's change notice or mailing address shall be notified to the other party in writing within ______ days from the date of change; otherwise, the unreported party shall bear the corresponding liability arising therefrom.
Article 16 Treatment of Disputes
1. This contract is governed by and construed in accordance with the laws of _________.
2. The disputes arising during the performance of this contract shall be settled by the parties concerned through negotiation, or may be settled by the relevant departments; if the negotiation or mediation fails, the following _________ methods shall be adopted:
Submit to the _________ Arbitration Commission for arbitration;
Prosecuted to the people's court according to law.
Article 17 Interpretation
The understanding and interpretation of this contract shall be based on the purpose of the contract and the original meaning of the text. The title of this contract is only for the convenience of reading and shall not affect the interpretation of this contract.
Article 18 Supplementary and Attached Files
If the matters not covered in this contract are implemented in accordance with relevant laws and regulations, and the laws and regulations do not stipulate, Party A and Party B may reach a written supplementary agreement. The subsidiary files and supplementary contracts of this contract are inseparable components of this contract and have the same legal effect as this contract.
Article 19: Contract validity
This contract shall take effect from the date on which the legal representatives of the parties or both parties or their authorized representatives sign and affix their official seals. Valid for _________ years, from _________ years ______ months _________ days to _________ years _________ months _________ days. The original form of this contract is _________, each party holds _________ copies, and has the same legal effect; a copy of the contract _________ copies, and _________ is kept.
person A person B:_________
Representative: _________ Representative: _________
_________Year ____________________________________________
Place of signing: _________ Signing location: _________
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